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Torts keyed to Best
Levitt v. Peluso
Citation:
638 N.Y.S.2d 878 (N.Y. Sup. Ct. 1995)Facts
Plaintiff Levitt was blinded in one eye when he was struck by an egg thrown out of a car driven by Patrick Peluso and occupied by Russell DiBenedetto. Levitt sued both Peluso and DiBenedetto for his injuries. Additionally, Levitt sued Peluso’s father and the owner of the vehicle, Eugene Peluso, under the doctrine of vicarious liability covered by Vehicle and Traffic Law (VTL) § 388. VTL § 388 allows for a car owner to be liable for injuries caused by another’s operation of his or her vehicle in specific situations.
Levitt filed a motion for summary judgment against Eugene Peluso, and Peluso filed a motion to dismiss the case on the grounds that his son’s driving was not the proximate cause of the injury.
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